50 CFR 402.08 : Wildlife And Fisheries (§ 1.1 To Parts 698-699) — (Subchapter A To Parts 561-599) — Joint Regulations (United States Fish And Wildlife Service, Department Of The Interior And National Marine Fisheries Service, National Oceanic And Atmospheric Administration, Department Of Commerce); Endangered Species Committee Regulations (Part 400 To Parts 454-499) — (Part 400 To § 424.21) — Interagency Cooperation - Endangered Species Act Of 1973, As Amended (§ 402.01 To § 402.48) — General (§ 402.01 To § 402.09) — Designation of non-Federal representative.

A Federal agency may designate a non-Federal representative to conduct informal consultation or prepare a biological assessment by giving written notice to the Director of such designation. If a permit or license applicant is involved and is not the designated non-Federal representative, then the applicant and Federal agency must agree on the choice of the designated non-Federal representative. If a biological assessment is prepared by the designated non-Federal representative, the Federal agency shall furnish guidance and supervision and shall independently review and evaluate the scope and contents of the biological assessment. The ultimate responsibility for compliance with section 7 remains with the Federal agency.